Terms of service

Last updated: 14 October 2026

IMPORTANT NOTICE. READ WITH CARE. SECTIONS 22 THROUGH 26 OF THESE TERMS SET OUT A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, A MASS ACTION WAIVER AND A JURY TRIAL WAIVER, EACH OF WHICH AFFECTS YOUR LEGAL RIGHTS. SAVE AS EXPRESSLY PROVIDED BELOW, DISPUTES SHALL BE RESOLVED INDIVIDUALLY BY FINAL AND BINDING ARBITRATION. SECTION 26 DESCRIBES YOUR RIGHT TO OPT OUT OF ARBITRATION.

THE Wear Valor® VIP MEMBERSHIP IS ALSO GOVERNED BY THESE TERMS. IT IS A PAID SUBSCRIPTION THAT RENEWS AUTOMATICALLY, AND ENROLMENT RESULTS IN RECURRING CHARGES UNTIL YOU CANCEL. THE COMPLETE AUTOMATIC RENEWAL AND CANCELLATION TERMS APPEAR IN SECTION 6.

YOUR VISIT TO, INTERACTION WITH OR USE OF OUR SERVICES, OR ANY PURCHASE YOU MAKE FROM US, CONSTITUTES ACCEPTANCE OF THESE TERMS IN THEIR ENTIRETY AND YOUR AGREEMENT TO BE BOUND BY THEM.

Overview

Wear Valor® ("we", "us" or "our") operates this store and website, together with all associated subdomains, checkout funnels, landing pages, mobile experiences, information, content, features, tools, products and services (collectively, the "Services"). The Services are powered by Shopify, which enables us to make them available to you.

These Terms of Service (the "Terms"), together with the policies referenced in them, set out your rights and responsibilities in using the Services and contain important information concerning your legal rights, including warranty disclaimers, limitations of liability and the dispute resolution provisions summarised above.

Use of the Services signifies your agreement to be bound by these Terms and our Privacy Policy. Should you not agree, you may not access or use the Services.

Section 1. Acceptance, Electronic Consent and Amendments

1.1 Eligibility and Acceptance

Each of the following constitutes acceptance of these Terms in their entirety: accessing the Services, creating an account, enrolling in the VIP Membership, clicking a button that indicates agreement, or purchasing any product. In doing so, you represent that you are at least eighteen (18) years of age and of the age of majority in your state or province of residence, and that you possess full legal capacity to enter into a binding agreement. You further consent to the use of the Services by any of your minor dependents on devices that you own, purchase or manage.

1.2 Clickwrap Consent

Certain transactions may require, where presented, an affirmative act acknowledging your agreement to these Terms before completion, such as checking an unchecked box or selecting a clearly labelled button. Such affirmative act constitutes legally binding electronic consent.

1.3 Amendments

We may amend these Terms at any time in our sole discretion, and the current version remains available for review on this page. For material changes, we will give reasonable notice by email, account notification or website banner, and such changes take effect on the date specified in that notice. Continued use of the Services after the effective date constitutes acceptance of the amended Terms.

Section 2. Licence and Account Obligations

We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services solely for personal, non-commercial purposes. We may at any time and for any reason modify or discontinue any portion of the Services, restrict or terminate access, or refuse service to any user, and we shall have no liability for any unavailability of the Services.

Use of the Services may require you to supply information including your email address and billing, payment and shipping details. You represent and warrant that all such information is correct, current and complete and that you hold all rights necessary to supply it.

You bear sole responsibility for safeguarding your account credentials and for all activity under your account, and must notify us without delay at support@wearvalor.com of any unauthorised access. Your account may not be transferred, sold, assigned or licensed to any other person. We may, at our discretion, disable any account for violation of these Terms.

Section 3. Product Representations

We endeavour to depict our products accurately. Nevertheless, the colours and appearance of products may vary from their on-screen depiction according to your device and its settings.

We make no warranty that the appearance or quality of any product will meet your expectations or correspond to its depiction in our online stores.

Product descriptions are subject to change at any time, without notice, at our sole discretion. We may discontinue any product at any time and may, on a case-by-case basis, limit the quantities of any product offered to any person, geographic region or jurisdiction.

Reliance on any information presented through the Services is strictly at your own risk. We disclaim all liability arising from any reliance on Website materials, any interpretation of product descriptions, or any third-party materials or testimonials appearing on the Services.

Section 4. Order Acceptance

Each order you place constitutes an offer to purchase. Wear Valor® may accept or decline any order for any reason at its discretion, including suspected fraud, pricing errors or product unavailability. No order is accepted until Wear Valor® confirms acceptance, and payment must be received and processed before acceptance occurs.

Review each order carefully before submission, as cancellation requests may not be accommodated once an order has been accepted. Where we decline, change or cancel an order, we will attempt to notify you at the email address, billing address or phone number supplied with the order.

Returns and exchanges are permitted solely in accordance with our Refund Policy.

You represent and warrant that all purchases are made for personal or household use and not for commercial resale or export.

Section 5. Pricing, Payment and Billing Terms

5.1 Pricing

Prices, discounts and promotions may change without notice. You will be charged the price in effect at the time the order is placed, as stated in your order confirmation email. Prices are quoted in U.S. dollars and, unless expressly stated, exclude taxes, shipping, handling, customs and import charges. Prices in our online stores may vary from those in physical stores or in stores operated by third parties.

Promotions we run from time to time may be subject to terms separate from these Terms, and those promotion terms prevail in the event of any conflict with these Terms.

5.2 Authorisation of Charges

By supplying a payment method, you represent and warrant that (i) all payment information supplied is true, correct and complete; (ii) you are duly authorised to use the payment method; (iii) charges incurred by you will be honoured by your card issuer; and (iv) you will pay all charges incurred at the posted prices, inclusive of shipping and handling charges and all applicable taxes. You authorise us to charge your payment method for products purchased, VIP Membership renewals, shipping charges, applicable taxes and any other fees disclosed to you. We may suspend or cancel any order for which payment is declined.

5.3 Accuracy of Information

You shall maintain current, complete and accurate purchase, payment and account information, including your email address, card numbers and expiration dates, to enable us to complete your transactions and to contact you as required.

5.4 Card Updater Services

We may obtain updated card information, such as a new card number or expiration date, from your issuer and apply it to your account, and you authorise charges to the updated payment method. To prevent automatic updating of your payment information, contact your card issuer, delete your stored payment method or cancel your VIP Membership. Bank and card fees are your responsibility. Where a charge is reversed, we may invoice you directly and pursue payment by alternative means.

5.5 Payment Processors

Payments may be handled by third-party providers whose own terms and privacy policies govern your use of their services. We accept no responsibility for errors by payment processors.

Section 6. VIP Membership: Recurring Subscription, Automatic Renewal and Cancellation

READ THIS SECTION WITH CARE. THE Wear Valor® VIP MEMBERSHIP IS A PAID, AUTOMATICALLY RENEWING SUBSCRIPTION UNDER WHICH YOUR PAYMENT METHOD IS CHARGED ON A RECURRING BASIS UNTIL YOU CANCEL.

6.1 Membership

The Services may include a membership option (the "VIP Membership" or "Subscription Service") that provides discounts and other member benefits for a recurring fee. By enrolling, you accept the recurring payment obligations of membership and authorise Wear Valor® to charge your payment method automatically at the stated billing interval until you cancel.

6.2 Trial Period

A one-time 10-day free trial is available to new members. Commencing a free trial authorises us to charge your selected payment method upon expiry of the trial unless you cancel before the trial expiration date. Free trials are limited to one per member, household and payment method.

6.3 Required Disclosures and Affirmative Consent

Prior to your confirmation of billing information and completion of enrolment, we will display, in visual proximity to the request for consent, a clear and conspicuous notice disclosing each of the following:

  • the automatic renewal of the membership, and the recurring charges that will apply unless you cancel;
  • the renewal period, being every twenty-eight (28) days, and any additional renewal terms;
  • the amount and frequency of the charge for each renewal period, being $49.95 every 28 days, unless you take timely steps to cancel;
  • the fact that the first charge is made immediately upon completion of the 10-day free trial;
  • the available cancellation methods, including the means of cancelling online and of contacting us;
  • a direct link to the online cancellation process, located at https://wearvalor.com/pages/cancel-membership; and
  • our contact information, as stated in Section 31.

Your purchase cannot be completed until you take an affirmative action, such as checking an unchecked acknowledgment box or selecting a clearly labelled button, expressly confirming your consent to the recurring charges. Such action constitutes express informed consent to the automatic renewal terms. Pre-checked boxes and other default mechanisms are not used to obtain this consent.

6.4 Renewal

YOUR MEMBERSHIP RENEWS AUTOMATICALLY, AT THE THEN-CURRENT RATE AND AT THE BILLING INTERVAL SELECTED AT CHECKOUT, UNLESS YOU CANCEL IN ACCORDANCE WITH THESE TERMS. On completion of the 10-day free trial, your membership converts to a paid 28-day membership and the $49.95 membership fee is charged immediately. Thereafter the membership continues, renewing automatically every 28 days, and you authorise each recurring charge until cancellation.

6.5 Post-Enrolment Confirmation

Upon enrolment, an order confirmation will be sent to the email address you supplied, containing (a) a summary of the automatic renewal terms; (b) the amount charged and the billing frequency; (c) the available cancellation methods; and (d) a direct link to the online cancellation process. Retain this confirmation for your records. Contact support@wearvalor.com if no confirmation is received within 24 hours of enrolment.

6.6 Cancellation Methods; No Unreasonable Barriers

A trial or membership may be cancelled at any time by any method listed below. Cancellation must be completed no later than twenty-four (24) hours before the next scheduled billing date to avoid a charge for the next billing period, and before the 10-day free trial ends to avoid a charge for the first membership period.

No conversation with a live representative, retention flow or other step beyond those described above is required in order to cancel. Cancellations made through the online portal are effective upon on-screen confirmation, and a cancellation confirmation email will be sent to the address on file. No recurring charges will be processed after the conclusion of the current billing period.

6.7 Effect of Cancellation

Where you cancel during an active 28-day membership period, member benefits remain available through the end of that period. In accordance with Section 8, membership fees already charged are non-refundable.

6.8 Failed Charges; Reauthorisation

Should a recurring charge fail, you authorise us to reattempt the charge, to request updated payment information from you, and to suspend member benefits and shipments pending receipt of payment. Continued enrolment constitutes reaffirmation of your authorisation to charge your payment method. Where permitted by law, unpaid balances may be referred for collection.

6.9 Benefits, Eligibility and Modifications

VIP members are eligible for discounts of 20% to 80% off select products in our store. Discount levels vary according to product, promotion, inventory availability and seasonal offers, and not all products qualify. Discounts apply only to qualifying purchases made during an active membership period and, unless expressly stated, may not be combined with other coupons, promotional offers, clearance pricing or special discounts. Certain brands, products, services, gift cards or limited-time offers may be excluded. Benefits are limited to active members in good standing with a valid payment method on file, are non-transferable, and may be used only by the enrolled member. We may modify discount offerings, participating products and membership benefits at any time without prior notice. Such modifications operate prospectively and do not affect completed purchases.

6.10 Pricing Changes

Membership pricing may be modified on reasonable notice, and we will give advance notice where required by law. Pricing changes apply to future billing cycles only and do not affect the current paid membership period.

6.11 California Residents

California residents are entitled to the following additional disclosures under California Business and Professions Code Section 17601 et seq. (the Automatic Renewal Law) and Section 17535 et seq.:

  • Automatic renewal: unless cancelled before the next renewal date, the membership renews automatically every 28 days at the then-current price.
  • Cancellation: cancellation may be made at any time at https://wearvalor.com/pages/cancel-membership, by email to support@wearvalor.com or by telephone at +1 (833) 403 7465. We will not render cancellation difficult.
  • Refund of unauthorised charges: should we fail to provide the required disclosures prior to your enrolment, we will issue a full refund of any charges you did not authorise. Requests for a refund under this provision should be directed to support@wearvalor.com.
  • Contact details: Wear Valor®, support@wearvalor.com, +1 (833) 403 7465. The California Department of Consumer Affairs, Consumer Information Division, 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834, (800) 952-5210, may also be contacted.

Section 7. Shipment, Delivery, Title and Risk

Third-party carriers ship all products. An accurate shipping address and phone number are required, and we bear no responsibility for delay or non-delivery resulting from an incorrect address supplied by you. Address changes must be sent to support@wearvalor.com immediately, and edits cannot be guaranteed once an order has been submitted.

We are not liable for shipping or delivery delays. Delivery times are estimates and are not guaranteed, and we are not responsible for delays attributable to shipping carriers, customs processing or events beyond our control. Except where the law requires otherwise, title and risk of loss pass to you upon our transfer of the products to the carrier. Customs duties and import taxes are the responsibility of international customers.

7.1 Delivery Confirmation

Delivery confirmation from the carrier is deemed conclusive proof of delivery to the address you supplied, whether or not a signature was obtained. You agree that such confirmation is sufficient evidence of delivery for the resolution of disputes, including chargebacks and non-delivery claims.

Section 8. Refunds and Returns

The complete terms are set out in our Refund Policy. All sales are final unless that policy provides otherwise. Any applicable refund is issued to the original payment method, subject to varying bank posting times. Shipping and handling fees are non-refundable.

Except where applicable law requires, membership fees are non-refundable. No refund is given for partial billing periods, unused time or non-use of membership benefits.

Section 9. Proprietary Rights

Wear Valor®, its affiliates or its licensors own the Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, software and design elements and the selection and arrangement thereof, which are protected by U.S. and foreign patent, copyright and other intellectual property laws.

Your use of the Services under these Terms is confined to personal, non-commercial use. No material on the Services may be reproduced, distributed, modified, made the subject of derivative works, publicly displayed, publicly performed, republished, downloaded, stored or transmitted without our prior written consent. These Terms confer no licence or other right under any patent, trademark, copyright or other intellectual property of Wear Valor®, Shopify or any third party. Unauthorised use may contravene federal and state intellectual property laws. All rights not expressly granted are reserved.

The names, logos, product and service names, designs and slogans of Wear Valor® are trademarks of Wear Valor® or its affiliates or licensors and may not be used absent prior written permission. The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other marks appearing on the Services are the property of their respective owners.

9.1 Copyright Complaints

Notices of alleged copyright infringement must be sent to support@wearvalor.com and must contain: (i) identification of the copyrighted work; (ii) identification of the allegedly infringing material and its location; (iii) your contact information; (iv) a good-faith belief statement; and (v) a statement of accuracy made under penalty of perjury.

Section 10. Third-Party Tools and Links

The Services may give you access to customer tools offered by third parties that we neither monitor nor control. Such tools are provided "as is" and "as available", without warranty, representation, condition or endorsement of any kind. Use of optional third-party tools is entirely at your own risk and discretion, and we have no liability in connection with it. You should satisfy yourself that you are familiar with and approve of the terms under which those tools are provided.

The Services may include materials and hyperlinks relating to websites that third parties provide or operate, including embedded third-party functionality. We have no responsibility to examine or evaluate their content, practices, accuracy or legality, and any departure from the Services to access them is at your own risk. Complaints, claims, concerns and questions concerning third-party products and services must be addressed to the relevant third party.

Future features offered through the Services form part of the Services and are governed by these Terms.

Section 11. Shopify Platform

Wear Valor® is powered by Shopify, which enables us to provide the Services. All sales and purchases in our store are made directly with Wear Valor®. By using the Services, you acknowledge that Shopify bears no responsibility for any aspect of a sale between you and Wear Valor®, including any injury, damage or loss arising from purchased products and services, and you expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or in connection with your purchases and transactions with Wear Valor®.

Section 12. Privacy, Tracking Technologies and Electronic Communications

Personal information collected through the Services is governed by our Privacy Policy, which is incorporated by reference into these Terms, and certain personal information may additionally be subject to Shopify's Privacy Policy. Your use of the Services constitutes acknowledgment that you have read these policies.

As host of the Services, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and third parties, any of which may be located in countries other than your country of residence. The Services employ cookies, pixels and similar tracking technologies, operated by us and by third parties, to enhance user experience, analyse performance, personalise content and support advertising and marketing.

By using the Services, creating an account or making a purchase, you consent to receive electronic communications from us, including order confirmations, shipping notifications, membership renewal and cancellation notices, customer service communications and, where you have opted in, marketing emails. Marketing emails may be declined by means of the unsubscribe link they contain. Electronic communications satisfy any legal requirement that communications be in writing.

Section 13. Feedback and User Content

Any ideas, suggestions, feedback, reviews, proposals, plans or other content that you submit, upload, post, email or otherwise transmit ("Feedback") are licensed to us on a perpetual, worldwide, sublicensable, transferable and royalty-free basis for use, reproduction, modification, publication, distribution and display in any medium and for any purpose, including commercial purposes.

You represent and warrant that: (i) you own, or hold all necessary rights to, the Feedback; (ii) you have disclosed any compensation or incentive received in connection with it; (iii) the Feedback is truthful and contains nothing misleading; and (iv) it complies with these Terms. We have no obligation to maintain the confidentiality of Feedback, to compensate you for it or to respond to it.

We may, without obligation, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or to violate any party's intellectual property rights or these Terms.

Feedback must not infringe any third-party right, including copyright, trademark, privacy, personality or other proprietary rights, and must not contain unlawful, abusive or obscene material, viruses or malware. You may not use a false email address, impersonate another person or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for your Feedback and its accuracy, and we assume no liability for Feedback posted by you or any third party.

We reserve the right to cooperate fully with law enforcement authorities and with any court order requiring disclosure of user information, and you shall hold us harmless from claims arising from disclosures made in good faith in compliance with legal obligations.

Section 14. Errors and Omissions

The Services may on occasion contain typographical errors, inaccuracies or omissions concerning product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right, at any time and without prior notice, including after submission of your order, to correct such errors, inaccuracies or omissions, to change or update information, and to cancel orders where any information is inaccurate.

Section 15. Prohibited Conduct

Use of the Services is permitted for lawful purposes only. You shall not, directly or indirectly, use the Services:

  1. for an unlawful or malicious purpose;
  2. in violation of any international, federal, provincial, state or local law, rule, regulation or ordinance;
  3. in infringement of our intellectual property rights or those of any other party;
  4. to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person, or otherwise to cause them harm;
  5. to transmit false or misleading information;
  6. to send, knowingly receive, upload, download, use or re-use material that fails to comply with these Terms;
  7. to transmit, or procure the sending of, advertising or promotional material, including junk mail, chain letters or spam;
  8. to impersonate any person or entity; or
  9. to engage in conduct that restricts or inhibits any person's use or enjoyment of the Services, or that may harm Wear Valor®, Shopify or users of the Services or expose any of them to liability.

In addition, you shall not:

  1. upload or transmit viruses or other malicious code;
  2. reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services;
  3. collect or track the personal information of others;
  4. use the Services for spamming, phishing, pharming or pretexting;
  5. access the Services by means of any robot, spider, scraper, data gathering and extraction tool, automatic device or process, AI tool (including agentic AI), or other automated or manual means; or
  6. interfere with, bypass or circumvent any security or authorisation feature, robot exclusion header or other access-restriction measure.

Violations may be investigated and pursued to the fullest extent permitted by law, and we may suspend, disable or terminate your account at any time without notice for any violation of these Terms.

Section 16. Software Agents

16.1 Application and Definition

This Section 16 applies where you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that is capable of executing on behalf of a person, or using a person's device, without direct supervision.

16.2 Conditions of Access

An Agent shall not access, use or interact with the Services unless it identifies itself and operates at all times in strict compliance with Section 16.4. An Agent that we have requested to refrain from accessing the Services shall not do so.

16.3 Restrictions

We may limit, by technical measures or otherwise, whether and how any Agent accesses, uses and interacts with the Services.

16.4 Agent Obligations

Each Agent shall:

  1. identify in each HTTP/HTTPS request that the request originates from an Agent and state the Agent's name in the user agent string in the form "Agent/[agent name]";
  2. refrain from concealing or obfuscating that any interaction originates from an Agent, including by mimicking human behaviour or interaction patterns or by completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from human use;
  3. respond truthfully to any question or prompt intended to determine whether interactions originate from a human or a computer; and
  4. refrain from circumventing or avoiding any measure intended to block, limit, modify or control Agent access.

Section 17. Termination and Survival

These Terms remain effective until terminated. We may, in our sole discretion and without notice, terminate this agreement or your access to all or any part of the Services at any time, and you shall remain liable for all amounts due up to and including the date of termination.

The following survive any termination: Section 9 (Proprietary Rights); Section 13 (Feedback and User Content); this Section 17 (Termination and Survival); Section 18 (Warranty Disclaimer); Section 19 (Limitation of Liability); Section 20 (Indemnity); Section 21 (Time Limit for Claims); Section 22 (Dispute Resolution and Binding Arbitration); Section 23 (Waiver of Class Actions); Section 24 (Waiver of Mass Actions); Section 25 (Waiver of Jury Trial); Sections 27 and 30.1 (severability); Sections 30.2 and 30.3 (waiver and entire agreement); Section 30.4 (assignment); Section 28 (Governing Law and Venue); Section 12 (Privacy Policy); all payment obligations; and any other provision which by its nature ought to survive.

Section 18. Warranty Disclaimer

Information presented through the Services is provided solely for general information purposes. We make no warranty as to its accuracy, completeness or usefulness, and any reliance on it is strictly at your own risk.

SAVE AS EXPRESSLY STATED BY Wear Valor®, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, ACCURACY, RELIABILITY, AVAILABILITY OR NON-INFRINGEMENT. WE GIVE NO GUARANTEE, REPRESENTATION OR WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE REMEDIED, OR THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS. THE FOREGOING MAY NOT APPLY TO YOU WHERE A JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES.

Section 19. Limitation of Liability

IN NO CASE SHALL Wear Valor®, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR ANY INJURY, LOSS OR CLAIM, OR FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, MULTIPLE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR REPLACEMENT COSTS), WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATING TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, ANY PRODUCT PURCHASE, ANY MEMBERSHIP OR AUTOMATIC RENEWAL, OR ANY ADVERTISING OR MARKETING PRACTICE, EVEN WHERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.1 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIM SHALL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO Wear Valor® IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS ($100.00), WHICH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

19.2 Risk Allocation

You acknowledge that the prices of our products and memberships reflect the allocation of risk in this Section 19, without which we would not enter into these Terms.

Section 20. Indemnity

You shall indemnify, defend and hold harmless Wear Valor®, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers and successors from and against any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party by reason of or arising out of: (1) your breach of these Terms or of the documents incorporated in them by reference; (2) your violation of any law or of the rights of any third party; or (3) your access to and use of the Services.

We will give you notice of any indemnifiable claim. However, a failure to give prompt notice will not release you from your obligations unless you are materially prejudiced by it. We may control the defence and settlement of any such claim at your expense, including selection of counsel, provided that we will not, without your consent (which shall not be unreasonably withheld), settle any claim that imposes non-monetary obligations on you. You shall cooperate in the defence of indemnified claims, including by producing relevant documents.

Section 21. Time Limit for Claims

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AND TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, ANY PRODUCT OR ANY MEMBERSHIP SHALL BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES, FAILING WHICH IT IS PERMANENTLY BARRED. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER FOUNDED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.

Section 22. Dispute Resolution and Binding Arbitration

THIS SECTION AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT, AND SHOULD BE READ CAREFULLY.

SAVE AS EXPRESSLY PROVIDED BELOW, YOU AND Wear Valor® AGREE THAT ALL DISPUTES SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION.

22.1 Scope of the Agreement to Arbitrate

You and Wear Valor® agree that every dispute, claim, controversy or cause of action arising out of or relating to these Terms, the Services, any product, any membership or automatic renewal, any advertising or marketing practice or any alleged misrepresentation (each, a "Dispute") shall be resolved exclusively by binding, confidential arbitration on an individual basis. The term "Dispute" shall be given a broad interpretation.

22.2 Governing Statute

These Terms evidence a transaction in interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs the interpretation and enforcement of, and proceedings under, this arbitration agreement. Every threshold issue of arbitrability, including scope, validity and enforceability, shall be decided by the arbitrator.

22.3 Mandatory Notice of Dispute

No arbitration may be initiated until the initiating party has sent a written Notice of Dispute stating its full name, its mailing address, the email address associated with the account, a description of the claim and the specific relief sought. Notices to us must be emailed to support@wearvalor.com with "Notice of Dispute" in the subject line and are effective on the date of sending. Notices to you will be sent to the email address associated with your account. For thirty (30) days after notice is given, the parties shall attempt in good faith to resolve the Dispute, and neither party may commence arbitration before that period expires.

22.4 Self-Help Remedies Reserved

This Section 22 does not prevent us from exercising lawful self-help remedies, such as responding to chargebacks, pursuing collection, suspending or terminating accounts, setting off amounts owed or enforcing payment obligations as permitted by law.

22.5 Procedure

The American Arbitration Association ("AAA") shall administer the arbitration under its Consumer Arbitration Rules before one neutral arbitrator. Should the AAA decline administration, the parties shall jointly select a nationally recognised arbitration provider, failing which a court shall appoint one. The arbitrator may grant any remedy available in an individual action under applicable substantive law, including compensatory, statutory and punitive damages, declaratory and injunctive relief, and attorneys' fees where authorised by statute or contract, but may not grant relief on a class, representative or consolidated basis.

22.6 Fees and Costs

Filing, administration and arbitrator fees are payable as provided in the AAA Consumer Arbitration Rules. To the extent those rules so require, we shall bear arbitration fees exceeding the amount you would pay to file a comparable action in court. Except as otherwise provided by law, each party shall bear its own attorneys' fees.

22.7 Small Claims

Each party retains the right to bring an individual action in small claims court.

22.8 Injunctive and Equitable Relief

We may seek temporary, preliminary or permanent injunctive or equitable relief in state or federal court in respect of claims involving intellectual property, confidential information, unauthorised resale, fraud, misuse of the Services or any violation of these Terms threatening irreparable harm, and for such limited purposes you consent to the exclusive jurisdiction and venue of those courts.

22.9 Public Injunctive Relief

Any claim for public injunctive relief that applicable law does not permit to be waived may be brought in a court of competent jurisdiction. All other claims for monetary, individualised or non-public injunctive relief remain subject to binding arbitration.

Section 23. Waiver of Class Actions

ALL DISPUTES SHALL BE BROUGHT BY YOU AND Wear Valor® SOLELY IN AN INDIVIDUAL CAPACITY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, TO SERVE AS A CLASS REPRESENTATIVE OR AS A MEMBER OF A CLASS, TO ACT AS A PRIVATE ATTORNEY GENERAL, AND TO JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF ANY OTHER PERSON. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING.

THIS WAIVER EXTENDS TO EVERY DISPUTE, INCLUDING ANY DISPUTE CONCERNING THE VIP MEMBERSHIP, ITS FREE TRIAL OR AUTOMATIC RENEWAL, ANY RECURRING CHARGE, OR ANY RELATED DISCLOSURE OR MARKETING PRACTICE.

SHOULD THIS CLASS ACTION WAIVER BE HELD UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE SEVERED AND SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION, AND ALL REMAINING CLAIMS SHALL CONTINUE IN INDIVIDUAL ARBITRATION.

Section 24. Waiver of Mass Actions

Disputes may not be brought as a "Mass Action", meaning twenty-five (25) or more similar arbitration demands filed within one hundred eighty (180) days and coordinated by the same or affiliated counsel. Without our consent, such claims shall not be consolidated or collectively administered.

24.1 Batching

Where the conditions of a Mass Action are satisfied, claims shall be grouped into batches not exceeding two hundred (200) claimants each, with one batch proceeding at a time before a separately appointed arbitrator. All applicable statutes of limitation shall be tolled for the duration of the batching period.

24.2 Special Master

Procedural disputes concerning the administration of a Mass Action may be resolved by a neutral special master appointed for that purpose.

Section 25. Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND Wear Valor® EACH WAIVE TRIAL BY JURY IN ANY DISPUTE THAT PROCEEDS IN COURT RATHER THAN IN ARBITRATION.

Section 26. Arbitration Opt-Out

Within thirty (30) days after first accepting these Terms, you may opt out of the arbitration agreement in Section 22, the class action waiver in Section 23 and the mass action waiver in Section 24 by emailing written notice to support@wearvalor.com bearing the subject line "Arbitration Opt-Out". The notice must state your name and the email address associated with your account and clearly express your intention to opt out. Opting out has no effect on your other rights or obligations under these Terms, and we will not retaliate against you on that account.

Section 27. Claim-by-Claim Severability

Should any part of Sections 22 through 25 be held unenforceable in respect of a specific claim, that claim shall proceed in a court of competent jurisdiction, and all other claims shall remain subject to individual arbitration.

Section 28. Governing Law and Venue

Save as otherwise provided in Section 22, these Terms and any separate agreements under which we provide Services to you are governed by and shall be construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. Subject to Section 22, you and Wear Valor® submit to venue and personal jurisdiction in the state and federal courts located in California.

Section 29. Force Majeure

We shall have no liability for delay in or failure of performance of any obligation under these Terms resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemics or public health emergencies, labour disputes, supply chain disruptions, governmental action, war or terrorism, failures of internet service, payment processor outages or carrier delays. Performance is excused for the duration of any such event.

Section 30. Miscellaneous

30.1 Severability

Any provision of these Terms determined to be unlawful, void or unenforceable shall nevertheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed, without prejudice to the validity and enforceability of the remaining provisions.

30.2 Waiver

No failure by us to exercise or enforce any right or provision of these Terms constitutes a waiver of future enforcement. Waivers are effective only if made in writing and signed by our duly authorised representative.

30.3 Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy and any operating rules posted by us, constitute the entire and integrated agreement between you and us concerning your use of the Services and purchase of products, and supersede all prior or contemporaneous agreements, communications and proposals, oral or written, including prior versions of these Terms. No ambiguity shall be construed against the drafting party.

30.4 Assignment

You may not delegate, transfer or assign these Terms or any rights or obligations under them without our prior written consent, and any purported delegation, transfer or assignment is null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent and without notice to you, including in connection with a merger, acquisition, corporate reorganisation or sale of assets, or by operation of law.

30.5 Headings

Headings are for convenience only and neither limit nor otherwise affect these Terms.

Section 31. Contact Information

Questions regarding these Terms should be directed to support@wearvalor.com.

Wear Valor®